Dear Friends,
The Asian Human Rights Commission (AHRC) has received information concerning a fabricated case filed by the police against a human rights lawyer who was involved in a judicial review of two laws regarding the police in the Constitutional Court. The judges accused the lawyers of falsifying signatures on the judicial review application and subsequently ordered the police to further investigate. The police are ignoring the lawyers’ explanation that all the signatures were done by consent, and there is no complaint or report filed by the appellant against the lawyers.
CASE NARRATIVE:
On 1 July 2015, a coalition of civil society organizations filed a judicial review over Law No. 2 of 2002 on the Police of Republic of Indonesia, and Law No. 22 of 2009 on the Traffic and Public Transportation. The judicial review was submitted after a long process of discussion regarding the police’s authority under the two laws being incompatible with the Indonesian Constitution 1945 (UUD 1945). The coalition argued that issuing driving licenses and registering cars and motorcycles are not in line with the police’s main duty as a law enforcement agency, as stated in Article 30 of the Constitution.
In the middle of the review process at the Constitutional Court, Judge Maria Farida asked about the lawyers’ signatures on the revised review application, stating that all the signatures had been signed by one lawyer. After expert testimony on the police was heard, the leading judge Arief Hidayat asked the lawyers to respond to Judge Maria’s question.
Suddenly, without enough evidence, Judge Arief concluded that the difference between the first signature on the first draft of the review application and the signature after revision is a criminal offense. Judge Arief then requested the defendant police to investigate into the alleged falsifying of signatures by the lawyers.
Subsequently, between October and December 2015, the police summoned all the lawyers for examination at the police headquarters. The lawyers refused to attend the examination however, because they believed that they had not conducted any criminal offence. Instead, the lawyers preferred to address the issue at the Indonesian Bar Association (Peradi), as the case of signatures falls within the internal ethic of Peradi, whose authority must be respected by the police as mandated by law.
Finally, on 16 November 2015, the judgment of the Constitutional Court refused the review submitted by the lawyers, stating that dealing with driving licenses and vehicle registration is part of the police’s mandate as a law enforcement agency.
After the judgment was issued, suddenly in April 2016, the police summoned Mr. Erwin Natosmal Oemar, one of the lawyers, and named him as a suspect of falsifying signatures on the lawsuit against the police. In May the police summoned Mr. Erwin to be examined as a suspect and then charged Mr. Erwin with Article 263 paragraph 2 of the Indonesian Penal Code, in particular the article regulating falsifying documents.
ADDITIONAL INFORMATION:
Mr. Erwin Natosmal Oemar was earlier summoned by the police in a different case, when he criticized the lack of police professionalism and the trend of fabricated cases in Indonesia on a televised talk show (AHRC-UAC-008-2016).
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the trend of fabricated cases is stopped, and for the government to support police reform. In particular, the police must focus on law enforcement, rather than dealing with driving licenses and vehicle registration.
The AHRC will write a separate letter to the UN Special Rapporteur on the independence of judges and lawyers, and the UN Special Rapporteur on the situation of human rights defenders.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Human rights lawyer charged after filing judicial review against Police in Constitutional Court
Name of victims: Mr. Erwin Natosmal Oemar, a human rights lawyer at the Indonesian Legal Roundtable, a national NGO advocating law reform.
Names of alleged perpetrators: Indonesian Police
Date of incident: between July 2015 and May 2016
Place of incident: Jakarta, Indonesia
I am writing to voice my deep concern regarding fabricated case filed by the police against a human rights lawyer who was involved in a judicial review of two laws regarding the police in the Constitutional Court. The judges accused the lawyers of falsifying signatures on the judicial review application and subsequently ordered the police to further investigate. The police are ignoring the lawyers’ explanation that all the signatures were done by consent, and there is no complaint or report filed by the appellant against the lawyers.
On 1 July 2015, a coalition of civil society organizations filed a judicial review over Law No. 2 of 2002 on the Police of Republic of Indonesia, and Law No. 22 of 2009 on the Traffic and Public Transportation. The judicial review was submitted after a long process of discussion regarding the police’s authority under the two laws being incompatible with the Indonesian Constitution 1945 (UUD 1945). The coalition argued that issuing driving licenses and registering cars and motorcycles are not in line with the police’s main duty as a law enforcement agency, as stated in Article 30 of the Constitution.
In the middle of the review process at the Constitutional Court, Judge Maria Farida asked about the lawyers’ signatures on the revised review application, stating that all the signatures had been signed by one lawyer. After expert testimony on the police was heard, the leading judge Arief Hidayat asked the lawyers to respond to Judge Maria’s question.
Suddenly, without enough evidence, Judge Arief concluded that the difference between the first signature on the first draft of the review application and the signature after revision is a criminal offense. Judge Arief then requested the defendant police to investigate into the alleged falsifying of signatures by the lawyers.
Subsequently, between October and December 2015, the police summoned all the lawyers for examination at the police headquarters. The lawyers refused to attend the examination however, because they believed that they had not conducted any criminal offence. Instead, the lawyers preferred to address the issue at the Indonesian Bar Association (Peradi), as the case of signatures falls within the internal ethic of Peradi, whose authority must be respected by the police as mandated by law.
Finally, on 16 November 2015, the judgment of the Constitutional Court refused the review submitted by the lawyers, stating that dealing with driving licenses and vehicle registration is part of the police’s mandate as a law enforcement agency.
After the judgment was issued, suddenly in April 2016, the police summoned Mr. Erwin Natosmal Oemar, one of the lawyers, and named him as a suspect of falsifying signatures on the lawsuit against the police. In May the police summoned Mr. Erwin to be examined as a suspect and then charged Mr. Erwin with Article 263 paragraph 2 of the Indonesian Penal Code, in particular the article regulating falsifying documents.
I therefore urge you to ensure that the trend of fabricated cases is stopped, and to support police reform. In particular, the police must focus on law enforcement, rather than dealing with driving licenses and vehicle registration.
Yours Sincerely,
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Badroedin Haiti
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Mr. Luhut Binsar Panjaitan
Chairperson National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. M. Imdadun Rahmat
Chairperson National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
